Unpaid Wages and Overtime

Are you being asked to work while off the clock? Are you being denied overtime pay when you work more than forty hours in a workweek? Federal and Ohio state law may make this type of conduct illegal.

With some exceptions, the Fair Labor Standards Act (FLSA) and Ohio law require employers to pay hourly employees at least minimum wage for all hours worked, and overtime wages in the amount of one and one-half of the employee’s regular rate of pay for all hours worked over forty in a workweek (a.k.a. "time and a half").

Sometimes employers will ask an hourly employee to "clock out", but will then require or permit the employee to continue to perform work. Some employers will ask employees to perform work before the start of the employee's shift without having the employee "clock in." Many hourly employees perform work from home (​e.g. participating in telephone calls, or receiving or sending emails) without being paid. The Fair Labor Standards Act and Ohio law make it illegal for an hourly employee to perform work for an employer without being paid. Similarly, in most circumstances, if an hourly employee exceeds forty hours in a workweek, an employer must pay the employee time and a half for all hours worked over forty.

In some instances, employers pay employees on a salary basis, and believe that any employee paid a salary does not need to be paid overtime. In other words, some employers will pay an employee a salary so that they can "exempt" the employee from having to be paid overtime. However, just because an employee is paid on a salary basis does not make them exempt from the Fair Labor Standard Act's overtime requirements. Only certain employees who perform specific job functions are exempt from the Fair Labor Standard Act's overtime obligations. Exemption from overtime pay is the exception, not the rule, and many employers "misclassify" their employees as exempt, and illegally fail to pay them overtime.

Violations of the Fair Labor Standards Act and Ohio law can result in the employer being required to pay the employee back wages for all unpaid work or unpaid overtime. In addition, the court may award an employee liquidated damages (which doubles the amount of damages awarded), and require the employer to pay a successful employee's attorneys' fees.

If you are an hourly employee and your employer is asking or permitting you to work "off the clock," refuses to pay you overtime wages, or you believe you have been "misclassified" as exempt employee and should be receiving overtime, then Sadlowski & Besse L.L.C. can advise you of your legal rights. ​

We are conveniently located in Blue Ash, which is an easily accessible suburb of Cincinnati, OH.